JAI PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, petitioner Jai Pal Singh questions the validity of his detention under the provisions of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act. authorities, (authorised?) by District Magistrate, Moradabad vide his order dated 15th of July, 1981.

(2.) The grounds for his detention which were served upon the petitioner on the same day on which he was directed to be detained, recited that he was on 7th of July, 1981 employed as a salesman at the fair price Levy Sugar Distribution Shop belonging to Sadhan Sahkari Samiti Moothapande located at Darabara Khas. On 7th of July, 198l Sri Laik Ahmad, District Supply Officer, inspected the said shop in the presence of Other officials and witnesses Abdul Waris, Masood Ahmad and Ihtjar Husain with a view to check the distribution of Levy Sugar. The inspection carried out by Sri Laiq Ahmad led to recovery of 2 quintals and 18 kg. sugar of the said shop from a neighbouring house. At the time of inspection the petitioner admitted that in the sales-register he had shown distribution of 2 quintals and 13 kg. sugar after entering the same in the names of various persons of Darbara Khas. He also admitted that from out of the sugar received by him for distribution from the said shop he had sold 2 quintals sugar to Abdul Waris son of Abdul Kadir resident of Darbara Khaa, Ration Card No. 461103 standing in the name of one Aizaz Ahmad son of Sri Anwas resident of Darbara Khas which was for one unit and was available at the shop showed that the petitioner had made an endorsement thereon that there was no sugar in the stock. An examination of 43 ration cards that were available showed that in the month of June no sugar had been issued to the holders of those cards. In this way the petitioner had instead of selling sugar to genuine ration-card holders, sold it in the black market. Such objectionable action was not expected from a salesman and that in this connection a case Under Section 3/7 of the Essential Commodities Act had been registered at Police Moothapande.

(3.) The grounds went on to recite that a further checking made with a view to confirm the aforesaid suspicion revealed that from out of the sugar shown to have been sold by the petitioner to residents of Darbara Khas the petitioner had shown distribution of sugar to 58 such ration-card holders who were not the residents of Darbara Khas, Moreover, the ration-cards on (he basis of which such sugar had been shown by the petitioner to have been sold were not available. In this way 53 kg. sugar had been fictitiously shown in the sales-register to have been distributed and the petitioner had, instead of distributing the same to public sold it in the black-market with a view to make illegal gain. He had thus contravened the U. P. Sugar (Control) Order and had committed an offence punishable Under Section 3/7 of the Essential Commodities Act.